Lacey City Zoning Code

16.44 Planned

Community Review

16.44.010 Intent.

The purpose of the planned community process is to protect and improve the public health, safety and welfare by pursuing the following objectives:

A. To ensure that future growth and development which occurs as the result of a planned community is in accord with the Comprehensive Land Use Plan and other planning policies of the city;

B. To provide for large-scale projects that incorporate a full range of land uses, including major employment centers, with supporting housing, commercial services, and other facilities and services for the employees and residents of the project;

C. To encourage innovations and creativity for the safe, efficient and economic use of land;

D. To ensure and facilitate the provision of adequate public services such as transportation, water, sewage, storm drainage, electricity and open space;

E. To encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation, increased public access to mass transit, bicycle routes and other alternative modes of transportation;

F. To improve the design, quality and character of new development so as to reduce energy consumption and demand and to minimize adverse environmental impacts including degradation of wildlife habitat and important natural features in the area;

G. To foster and ensure a rational pattern of relationship between residential, business and industrial uses so as to complement and minimize impacts on existing neighborhoods;

H. To ensure coordination of commercial and industrial building designs which will be harmonious and blending with each other and the natural environment. (Ord. 1220 §44, 2004; Ord. 758 §1 (part), 1985).

16.44.020 Applicability.

A. Minimum Site Area. A minimum of five hundred acres in a single ownership must be available for a planned community; smaller ownerships may be included in the proposal.

B. Consent of Owner. The planned community designation may be applied only to lands whose owners have consented in writing to the designation. (Ord. 758 §1 (part), 1985).

16.44.030 General steps for review and approval.

The review and approval of a planned community shall consist of three steps:

A. Conceptual approval of the planned community through Comprehensive Land Use Plan and zoning map amendments, with the zoning map amendments not effective until approval of the master plan for the site;

B. Adoption of the master plan for the site;

C. Approval of subdivisions or planned residential developments as may be appropriate. (Ord. 1220 §45, 2004; Ord. 758 §1 (part), 1985).

16.44.040 Conceptual approval.

A. Purpose. The purpose of conceptual approval is to establish general land use policies to guide detailed planning for and development of the planned community. The conceptual plan shall identify the generalized land uses and services proposed for the site. Prior to site development, a master plan shall be approved consistent with the policies and conditions of conceptual approval.

B. Review. Conceptual approval shall consist of an amendment to the Comprehensive Land Use Plan and an amendment to the official zoning, pursuant to the legislative review procedures contained in Section 1C.060 of the City of Lacey Development Guidelines and Public Works Standards. Notice of hearings on conceptual approval will be provided to all property owners within one thousand feet of the subject site. The zoning map amendment shall be in conformance with the Comprehensive Land Use Plan and shall be limited by the conditions in subsections D and E of this section.

C. Form and Contents of Application for Conceptual Approval of the Planned Community. An application for conceptual approval shall include:

a. Name, address, zip code and telephone number of applicant,

b. The names, addresses, zip codes and telephone numbers of all landowners within the subject property,

c. The names and addresses of all property owners within one thousand feet of the site,

d. The legal description and tax parcel number(s) of the subject property,

e. The existing zoning and plan designation on the subject property,

f. The acreage contained within the proposed planned community; the number of dwelling units permitted and proposed; and the number of dwelling units per acre of land permitted and proposed,

g. The total acreage of nonresidential uses permitted and proposed, by type of use,

h. Applicable school district(s), fire district(s) or departments, and other special purposes districts,

i. The means by which the proposed planned community meets the objectives of LMC 16.44.010,

j. Proposed amendatory language for the applicable subarea plan,

k. Anticipated phasing of development,

l. General description of options for source(s) of water supply, method(s) of sewage disposal, methods of stormwater control, and means to handle hazardous materials and hazardous waste if applicable,

m. When no environmental impact statement is provided, identify potential major anticipated adverse environmental impacts and general mitigating measures, including off-site improvements, which may be incorporated in a subsequent master plan,

n. An explanation of all features not readily identifiable in map form;

a. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets and major physiographic features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features,

b. Parcel boundaries,

c. Freeways, highways and streets servicing and abutting the area and parcel,

d. The existing zoning and development plan designation for all areas of the planned community,

e. Generalized proposed land uses including:

(1) Potential uses,

(2) Range of densities and housing types,

(3) Phasing of development,

(4) Any proposed zoning or development plan changes,

f. Vehicular circulation plans, with points of ingress and egress, and correlation to existing and proposed area transportation facilities,

g. Existing site conditions including water courses, wetland area, flood plains, unique natural features, forest cover, and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant.

D. Effect of Conceptual Approval. Upon conceptual approval, the planned community boundaries, proposed use districts and case file number shall be identified upon the official zoning map. These districts shall only be effective upon approval of a master plan meeting the requirements of conceptual approval and of this chapter.

E. Development Prior to Master Plan Approval. Unless specifically authorized at the time of conceptual approval, no development permit may be issued prior to master plan approval except for:

1. Recreational facilities, including golf courses;

2. Transportation facilities;

3. Public utilities; and

4. Public facilities, including schools.

Preexisting uses shall be regulated as specified in Chapter 16.93 LMC. (Ord. 1220 §46, 2004; Ord. 1192 §153, 2002; Ord. 758 §1 (part), 1985).

16.44.050 Master plan approval.

A. Purpose. The master plan shall consist of map(s) and text which indicate major development features and services for the entire site, including a schedule indicating phasing of development and the means of financing services for the site.

B. Review. A complete master plan for the entire planned community shall be submitted within three years of conceptual approval unless an extension has been granted pursuant to LMC 16.44.060. The master plan shall be reviewed pursuant to the legislative review procedures contained in Section 1C.060 of the City of Lacey Development Guidelines and Public Works Standards.

The planning commission shall not approve a master plan unless the commission has conducted a public hearing pursuant to Chapter 35A.63.073 RCW and it is determined that said plan is consistent with the conceptual approval and complies with the development policies of the development plan, the purposes of LMC 16.44.010, and the provisions of Chapter 16.44 LMC. The planning commission may establish terms and conditions of approval, and require the provision, and further public review, of additional information and analyses in order to insure such compliance. In addition, the planning commission may make changes in the proposed master plan or the proposed zoning on the basis of information presented in the course of master plan review, as long as the changes are consistent with the conceptual approval and other applicable city plans and policies. Changes not consistent with city plans and policies may be made only if conceptual approval or other plans or policies are first amended accordingly.

C. City Council Consideration. The planning commission recommendation shall come to the city council for consideration in open public meeting no longer than thirty days from the date a decision constituting a recommendation was rendered. The city council shall consider the matter based upon the written record before the planning commission and the commission’s decision.

D. City Council Action. The city council may accept, modify or reject the commission’s decision, or any findings or conclusions therein. A decision by the city council to modify or reject shall be supported by findings and conclusions.

The action of the city council in approving or rejecting a decision of the commission shall be final and conclusive unless a Land Use Petition is timely filed with the Thurston County Superior Court for the purpose of review of the action taken.

E. Form and Contents of Application for Master Plan Approval. The applicant shall submit the master plan and supplementary data including an environmental impact statement if required to the community and economic development department. The community and economic development department shall review the project for completeness pursuant to Section 1B.050 of the City of Lacey Development Guidelines and Public Works Standards. Accuracy for all data and information submitted on or with a master plan shall be the responsibility of the applicant.

An application for master plan approval shall include:

a. Name, address, zip code and telephone number of applicant;

b. The names, addresses, zip codes and telephone numbers of all landowners within the subject property;

c. The names and addresses of all property owners within one thousand feet of the site;

d. The legal description of the subject property;

e. The zoning on the subject property;

f. The acreage contained within the proposed planned community; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land;

g. The number and acreage of each type of dwelling units proposed;

h. The acreage of open space (including a separate figure for active recreation space) to be contained in the planned community and the percentage it represents of the total area;

i. The total acreage of each type of nonresidential use, including the approximate floor area and type of commercial and industrial uses;

j. The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities;

k. The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities;

l. A plan for hazardous waste control if appropriate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities;

m. Applicable school district(s), fire district(s) or department(s), and other special purpose districts;

n. The means by which the proposed planned community meets the objectives of LMC 16.44.010;

o. A development schedule indicating the approximate date when construction of the planned community or stages of the planned community can be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas;

p. The proposed means of financing and allocation of responsibility for providing the utilities and services required as a result of the development, including off-site facilities and improvements. These utilities and services shall include, but not be limited to, water, sewer, streets and highways, schools, fire protection, parks, stormwater control, and disposal of wastes, including toxic wastes (if any);

q. When no environmental impact statement is provided, identify major anticipated adverse environmental impacts and specify mitigating measures, including off-site improvements;

r. Enough information on land areas adjacent to the proposed planned community to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, ownership, tracts, streets and unique natural features of the landscape;

s. The means of meeting any other requirements imposed as a condition of conceptual approval of the planned community.

2. Master Plan Map and Supporting Maps. A master plan map and any maps necessary to show the major details of the proposed planned community must contain the following minimum information at an appropriate scale as determined by the community and economic development department:

a. The boundary lines of the subject property, scale and north arrow;

b. Existing site conditions including water courses, wetland area, flood plains, unique natural features, forest cover, and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant;

c. Location and nature of each land use, including type and density of dwelling units, and type of commercial, industrial and other uses;

d. Approximate location of existing and proposed arterial and collector streets and major pedestrian and bicycle routes;

e. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, fire stations, and similar public and semipublic uses;

f. Master drainage plan, including stormwater control;

g. Development phasing;

h. Open space network;

i. Existing and proposed sanitary sewers and water lines;

j. Enough information on land areas adjacent to the proposed planned community to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, ownership tracts, streets and unique natural features of the landscape;

k. Any additional information as required by the review authority necessary to evaluate the character and impact of the proposed planned community (e.g., soils, geology, hydrology or ground water). (Ord. 1539 §93, 2019; Ord. 1192 §154, 2002; Ord. 1035 §22, 1996; Ord. 758 §1 (part), 1985).

16.44.060 Timing of master plan submittal.

A. If a master plan is not submitted within three years from the date of conceptual plan approval, and an extension of time has not been granted, the planned community conceptual approval shall expire and the zoning classification shall automatically revert to the classification in effect prior to conceptual approval. Upon reversion, uses and development approved subsequent to or with conceptual approval and prior to expiration, and not authorized by the new classification, shall become nonconforming uses.

B. Knowledge of expiration date and initiation of a request for extension of approval time are the responsibility of the applicant. The city will not provide notification of expirations. All requests for an extension of time must be submitted to the community and economic development department at least thirty days prior to expiration of planned community conceptual approval. The community and economic development department shall schedule the request for extension for public hearing before the planning commission upon such notice and in accordance with the planned community conceptual approval procedures of this chapter. An extension may be granted for up to three years at a time if the commission finds that an extension would be in the public interest and that delay in submitting the master plan was for good cause. If an extension of time is approved, the master plan shall be subject to all new and amended regulations, requirements, policies or standards which are adopted after the date of conceptual approval. (Ord. 1539 §94, 2019; Ord. 1192 §155, 2002; Ord. 758 §1 (part), 1985).

16.44.070 Approval of specific development proposals.

Subdivisions, planned industrial developments, planned residential developments and other specific development actions, when consistent with the provisions of the master plan and conceptual approval, may be approved by the hearings examiner. These actions may be taken concurrent with or subsequent to approval of the master plan and may accompany development of the site in phases. Review of such actions shall be subject to the laws and regulations which would be applicable to such an action regardless of its inclusion within a planned community. (Ord. 758 §1 (part), 1985).

16.44.080 Implementation of master plan--Periodic review.

A. Review Schedule. The hearings examiner shall review the status of development pursuant to the master plan in accordance with a review schedule adopted as a condition of the master plan. Review shall occur not less than once every five years until substantially complete development of the planned community is accomplished.

B. Result of Review. If the examiner finds that substantial completion of development projected for a given review phase has been accomplished, and that development has met and is projected to meet the terms and intent of the master plan and other applicable plans and policies, the examiner may authorize the subsequent phase. If the examiner finds that these criteria have not been met, the examiner may extend the period for completion of that phase or terminate master plan approval for subsequent phases. In determining whether to extend or terminate, the examiner shall consider the reasons completion has not occurred and whether the public interest would be best served by extension or termination. (Ord. 758 §1 (part), 1985).

16.44.090 Administration and enforcement.

A. Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the master plan.

B. Minor Administrative Alterations. Once a preliminary plat or other development permit reviewed by the hearings examiner has been approved, it shall not be altered unless approved by both the planner and the public works department upon a determination that the alteration is not substantial enough to constitute a change to the master plan.

C. Parties Bound. Once the master plan is approved, all persons and parties, their successors, heirs or assigns, who own, have or will have by virtue of purchase, inheritance, assignment or otherwise, any interest in the real property within the proposed planned community, shall be bound by the terms and conditions of approval of the master plan and the provisions of this chapter.

D. Platting Requirements. The division of property for sale, lease or transfer shall comply with the requirements of the Subdivision Ordinance, LMC Title 15. (Ord. 758 §1 (part), 1985).